United Kingdom: Compare USA Law On Fraud, Title 18 With UK Fraud Bill 2006

Sally Ramage

Sally Ramage
Sally Ramage

25 July 2006

A look at the United Kingdom Fraud Bill 2006 compared to some sections of the Unites States Fraud Law, Title 18.

USA PENAL CODE TITLE 18- FRAUD OFFENCES

UK FRAUD BILL

TITLE 18 - PART I -CHAPTER 47 - section 1031

Section 1031. Major fraud against the United States

(a) Whoever knowingly executes, or attempts to execute, any scheme or artifice with the intent—

(1) to defraud the United States; or

(2) to obtain money or property by means of false or fraudulent pretences, representations, or promises,

in any procurement of property or services as a prime contractor with the United States or as a subcontractor or supplier on a contract in which there is a prime contract with the United States, if the value of the contract, subcontract, or any constituent part thereof, for such property or services is $1,000,000 or more shall, subject to the applicability of subsection (c) of this section, be fined not more than $1,000,000, or imprisoned not more than 10 years, or both.

(b) The fine imposed for an offence under this section may exceed the maximum otherwise provided by law, if such fine does not exceed $5,000,000 and—

(1) the gross loss to the Government or the gross gain to a defendant is $500,000 or greater; or

(2) the offence involves a conscious or reckless risk of serious personal injury.

(c) The maximum fine imposed upon a defendant for a prosecution including a prosecution with multiple counts under this section shall not exceed $10,000,000.

(d) Nothing in this section shall preclude a court from imposing any other sentences available under this title, including without limitation a fine up to twice the amount of the gross loss or gross gain involved in the offence pursuant to 18 U.S.C. section 3571 (d).

(e) In determining the amount of the fine, the court shall consider the factors set forth in 18 U.S.C. sections 3553 and 3572, and the factors set forth in the guidelines and policy statements of the United States Sentencing Commission, including—

(1) the need to reflect the seriousness of the offence, including the harm or loss to the victim and the gain to the defendant;

(2) whether the defendant previously has been fined for a similar offence; and

(3) any other pertinent equitable considerations.

(f) A prosecution of an offence under this section may be commenced any time not later than 7 years after the offence is committed, plus any additional time otherwise allowed by law.

(g)

(1) In special circumstances and in his or her sole discretion, the Attorney General is authorized to make payments from funds appropriated to the Department of Justice to persons who furnish information relating to a possible prosecution under this section. The amount of such payment shall not exceed $250,000. Upon application by the Attorney General, the court may order that the Department shall be reimbursed for a payment from a criminal fine imposed under this section.

(2) An individual is not eligible for such a payment if—

(A) that individual is an officer or employee of a Government agency who furnishes information or renders service in the performance of official duties;

(B) that individual failed to furnish the information to the individual’s employer prior to furnishing it to law enforcement authorities, unless the court determines the individual has justifiable reasons for that failure;

(C) the furnished information is based upon public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or GAO report, hearing, audit or investigation, or from the news media unless the person is the original source of the information. For the purposes of this subsection, "original source" means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the Government; or

(D) that individual participated in the violation of this section with respect to which such payment would be made.

(3) The failure of the Attorney General to authorize a payment shall not be subject to judicial review.

(h) Any individual who—

(1) is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by an employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of a prosecution under this section (including investigation for, initiation of, testimony for, or assistance in such prosecution), and

(2) was not a participant in the unlawful activity that is the subject of said prosecution, may, in a civil action, obtain all relief necessary to make such individual whole. Such relief shall include reinstatement with the same seniority status such individual would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney’s fees.

12 Liability of company officers for offences by company

(1) Subsection (2) applies if an offence under this Act is committed by a body corporate.

(2) If the offence is proved to have been committed with the consent or connivance of—

(a) A director, manager, secretary or other similar officer of the body corporate, or

(b) A person who was purporting to act in any such capacity,

He (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

If the affairs of a body corporate are managed by its members, subsection (2) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

‘Evidence

(1) A person is not to be excused from—

(a) Answering any question put to him in proceedings relating to property, or

(b) Complying with any order made in proceedings relating to property,

On the ground that doing so may incriminate him or his spouse or civil partner of an offence under this Act or a related offence.

(2) But, in proceedings for an offence under this Act or a related offence, a statement or admission made by the person in—

(a) Answering such a question, or

(b) Complying with such an order,

Is not admissible in evidence against him or (unless they married or became civil partners after the making of the statement or admission) his spouse or civil partner.

(3) "Proceedings relating to property" means any proceedings for—

(a) The recovery or administration of any property,

(b) The execution of a trust, or

And "property" means money or other property whether real or personal (including things in action and other intangible property).

(4) "Related offence" means—

(a) Conspiracy to defraud;

(b) Any other offence involving any form of fraudulent conduct or purposes.

Sec. 1030. - Fraud and related activity in connection with computers

(a)

Whoever -

(1)

having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defence or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation wilfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or wilfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;

(2)

intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains -

(A)

information contained in a financial record of a financial institution, or of a card issuer as defined in section 1602(n) of title 15, or contained in a file of a consumer reporting agency on a consumer, as such terms are defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);

(B)

information from any department or agency of the United States; or

(C)

information from any protected computer if the conduct involved an interstate or foreign communication;

(3)

intentionally, without authorization to access any non-public computer of a department or agency of the United States, accesses such a computer of that department or agency that is exclusively for the use of the Government of the United States or, in the case of a computer not exclusively for such use, is used by or for the Government of the United States and such conduct affects that use by or for the Government of the United States;

(4)

knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any 1-year period;

(5)

(A)

(i)

knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;

(ii)

intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or

(iii)

intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage; and

(B)

by conduct described in clause (i), (ii), or (iii) of subparagraph (A), caused (or, in the case of an attempted offence, would, if completed, have caused) -

(i)

loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value;

(ii)

the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;

(iii)

physical injury to any person;

(iv)

a threat to public health or safety; or

(v)

damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defence, or national security;

(6)

knowingly and with intent to defraud traffics (as defined in section 1029) in any password or similar information through which a computer may be accessed without authorization, if -

(A)

such trafficking affects interstate or foreign commerce; or

(B)

such computer is used by or for the Government of the United States; [1] ''or''.

(7)

with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to cause damage to a protected computer;

shall be punished as provided in subsection (c) of this section.

(b)

Whoever attempts to commit an offence under subsection (a) of this section shall be punished as provided in subsection (c) of this section.

(c)

The punishment for an offence under subsection (a) or (b) of this section is -

(1)

(A)

a fine under this title or imprisonment for not more than ten years, or both, in the case of an offence under subsection (a)(1) of this section which does not occur after a conviction for another offence under this section, or an attempt to commit an offence punishable under this subparagraph; and

(B)

a fine under this title or imprisonment for not more than twenty years, or both, in the case of an offence under subsection (a)(1) of this section which occurs after a conviction for another offence under this section, or an attempt to commit an offence punishable under this subparagraph;

(2)

(A)

except as provided in subparagraph (B), a fine under this title or imprisonment for not more than one year, or both, in the case of an offence under subsection (a)(2), (a)(3), (a)(5)(A)(iii), or (a)(6) of this section which does not occur after a conviction for another offence under this section, or an attempt to commit an offence punishable under this subparagraph;

(B)

a fine under this title or imprisonment for not more than 5 years, or both, in the case of an offence under subsection (a)(2), or an attempt to commit an offence punishable under this subparagraph, if -

(i)

the offence was committed for purposes of commercial advantage or private financial gain;

(ii)

the offence was committed in furtherance of any criminal or tortuous act in violation of the Constitution or laws of the United States or of any State; or

(iii)

The value of the information obtained exceeds $5,000; [2] So in original. Probably should be followed by ''and''.

(C)

a fine under this title or imprisonment for not more than ten years, or both, in the case of an offence under subsection (a)(2), (a)(3) or (a)(6) of this section which occurs after a conviction for another offence under this section, or an attempt to commit an offence punishable under this subparagraph;

(3)

(A)

a fine under this title or imprisonment for not more than five years, or both, in the case of an offence under subsection (a)(4) or (a)(7) of this section which does not occur after a conviction for another offence under this section, or an attempt to commit an offence punishable under this subparagraph; and

(B)

a fine under this title or imprisonment for not more than ten years, or both, in the case of an offence under subsection (a)(4) [3] (a)(5)(A)(iii), or (a)(7) of this section which occurs after a conviction for another offence under this section, or an attempt to commit an offence punishable under this subparagraph; and

(4)

(A)

a fine under this title, imprisonment for not more than 10 years, or both, in the case of an offence under subsection (a)(5)(A)(i), or an attempt to commit an offence punishable under that subsection;

(B)

a fine under this title, imprisonment for not more than 5 years, or both, in the case of an offence under subsection (a)(5)(A)(ii), or an attempt to commit an offence punishable under that subsection;

(C)

a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offence under subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an offence punishable under either subsection, that occurs after a conviction for another offence under this section.

(d)

(1)

The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offences under this section.

(2)

The Federal Bureau of Investigation shall have primary authority to investigate offences under subsection (a)(1) for any cases involving espionage, foreign counterintelligence, information protected against unauthorized disclosure for reasons of national defence or foreign relations, or Restricted Data (as that term is defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), except for offences affecting the duties of the United States Secret Service pursuant to section 3056(a) of this title.

(3)

Such authority shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.

(e)

As used in this section -

(1)

the term ''computer'' means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device;

(2)

the term ''protected computer'' means a computer -

(A)

exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offence affects that use by or for the financial institution or the Government; or

(B)

which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States;

(3)

the term ''State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession or territory of the United States;

(4)

the term ''financial institution'' means -

(A)

an institution, with deposits insured by the Federal Deposit Insurance Corporation;

(B)

the Federal Reserve or a member of the Federal Reserve including any Federal Reserve Bank;

(C)

a credit union with accounts insured by the National Credit Union Administration;

(D)

a member of the Federal home loan bank system and any home loan bank;

(E)

any institution of the Farm Credit System under the Farm Credit Act of 1971;

(F)

a broker-dealer registered with the Securities and Exchange Commission pursuant to section 15 of the Securities Exchange Act of 1934;

(G)

the Securities Investor Protection Corporation;

(H)

a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978); and

(I)

an organization operating under section 25 or section 25(a) [4] of the Federal Reserve Act. (FOOTNOTE 5) [5] So in original. The period probably should be a semicolon.

(5)

the term ''financial record'' means information derived from any record held by a financial institution pertaining to a customer's relationship with the financial institution;

(6)

the term ''exceeds authorized access'' means to access a computer with authorization and to use such access to obtain or alter information in the computer that the accessed is not entitled so to obtain or alter;

(7)

the term ''department of the United States'' means the legislative or judicial branch of the Government or one of the executive departments enumerated in section 101 of title 5;

(8)

the term ''damage'' means any impairment to the integrity or availability of data, a program, a system, or information;

(9)

the term ''government entity'' includes the Government of the United States, any State or political subdivision of the United States, any foreign country, and any state, province, municipality, or other political subdivision of a foreign country;

(10)

the term ''conviction'' shall include a conviction under the law of any State for a crime punishable by imprisonment for more than 1 year, an element of which is unauthorized access, or exceeding authorized access, to a computer;

(11)

the term ''loss'' means any reasonable cost to any victim, including the cost of responding to an offence, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offence, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service; and

(12)

the term ''person'' means any individual, firm, corporation, educational institution, financial institution, governmental entity, or legal or other entity.

(f)

(g)

Any person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief. A civil action for a violation of this section may be brought only if the conduct involves 1 of the factors set forth in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages for a violation involving only conduct described in subsection (a) (5) (B) (i) are limited to economic damages. No action may be brought under this subsection unless such action is begun within 2 years of the date of the act complained of or the date of the discovery of the damage. No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware.

(h)

The Attorney General and the Secretary of the Treasury shall report to the Congress annually, during the first 3 years following the date of the enactment of this subsection, concerning investigations and prosecutions under subsection (a)(5)

NOTHING

SECTION 1081

TRANSMISSION OF WAGERING INFORMATION- penalties

(a) Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both.

(b) Nothing in this section shall be construed to prevent the transmission in interstate or foreign commerce of information for use in news reporting of sporting events or contests, or for the transmission of information assisting in the placing of bets or wagers on a sporting event or contest from a State or foreign country where betting on that sporting event or contest is legal into a State or foreign country in which such betting is legal.

(d) When any common carrier, subject to the jurisdiction of the Federal Communications Commission, is notified in writing by a Federal, State, or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of Federal, State or local law, it shall discontinue or refuse, the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any common carrier for any act done in compliance with any notice received from a law enforcement agency. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a Federal court or in a State or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored.

(e) As used in this section, the term "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a commonwealth, territory or possession of the United States

NOTHING

Sec. 1029. - Fraud and related activity in connection with access devices

(a)

Whoever -

(1)

knowingly and with intent to defraud produces, uses, or traffics in one or more counterfeit access devices;

(2)

knowingly and with intent to defraud traffics in or uses one or more unauthorized access devices during any one-year period, and by such conduct obtains anything of value aggregating $1,000 or more during that period;

(3)

knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices;

(4)

knowingly, and with intent to defraud, produces, traffics in, has control or custody of, or possesses device-making equipment;

(5)

knowingly and with intent to defraud effects transactions, with 1 or more access devices issued to another person or persons, to receive payment or any other thing of value during any 1-year period the aggregate value of which is equal to or greater than $1,000;

(6)

without the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for the purpose of -

(A)

offering an access device; or

(B)

selling information regarding or an application to obtain an access device;

(7)

knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a telecommunications instrument that has been modified or altered to obtain unauthorized use of telecommunications services;

(8)

knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a scanning receiver;

(9)

knowingly uses, produces, traffics in, has control or custody of, or possesses hardware or software, knowing it has been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunications service without authorization; or

(10)

without the authorization of the credit card system member or its agent, knowingly and with intent to defraud causes or arranges for another person to present to the member or its agent, for payment, 1 or more evidences or records of transactions made by an access device;

shall, if the offence affects interstate or foreign commerce, be punished as provided in subsection (c) of this section.

(b)

(1)

Whoever attempts to commit an offence under subsection (a) of this section shall be subject to the same penalties as those prescribed for the offence attempted.

(2)

Whoever is a party to a conspiracy of two or more persons to commit an offence under subsection (a) of this section, if any of the parties engages in any conduct in furtherance of such offence, shall be fined an amount not greater than the amount provided as the maximum fine for such offence under subsection (c) of this section or imprisoned not longer than one-half the period provided as the maximum imprisonment for such offence under subsection (c) of this section, or both.

(1) Generally. -

The punishment for an offence under subsection (a) of this section is -

(A)

in the case of an offence that does not occur after a conviction for another offence under this section -

(i)

if the offence is under paragraph (1), (2), (3), (6), (7), or (10) of subsection (a), a fine under this title or imprisonment for not more than 10 years, or both; and

(ii)

if the offence is under paragraph (4), (5), (8), or (9), [1] of subsection (a), a fine under this title or imprisonment for not more than 15 years, or both;

(B)

in the case of an offence that occurs after a conviction for another offence under this section, a fine under this title or imprisonment for not more than 20 years, or both; and

(C)

in either case, forfeiture to the United States of any personal property used or intended to be used to commit the offence.

(2) Forfeiture procedure. -

The forfeiture of property under this section, including any seizure and disposition of the property and any related administrative and judicial proceeding, shall be governed by section 413 of the Controlled Substances Act, except for subsection (d) of that section.

(d)

The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offences under this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.

(e)

As used in this section -

(1)

the term ''access device'' means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument);

(2)

the term ''counterfeit access device'' means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device;

(3)

the term ''unauthorized access device'' means any access device that is lost, stolen, expired, revoked, cancelled, or obtained with intent to defraud;

(4)

the term ''produce'' includes design, alter, authenticate, duplicate, or assemble;

(5)

the term ''traffic'' means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of;

(6)

the term ''device-making equipment'' means any equipment, mechanism, or impression designed or primarily used for making an access device or a counterfeit access device;

(7)

the term ''credit card system member'' means a financial institution or other entity that is a member of a credit card system, including an entity, whether affiliated with or identical to the credit card issuer, that is the sole member of a credit card system;

(8)

the term ''scanning receiver'' means a device or apparatus that can be used to intercept a wire or electronic communication in violation of chapter 119 or to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument [2]

(9)

the term ''telecommunications service'' has the meaning given such term in section 3 of title I of the Communications Act of 1934 (47 U.S.C. 153);

(10)

the term ''facilities-based carrier'' means an entity that owns communications transmission facilities, is responsible for the operation and maintenance of those facilities, and holds an operating license issued by the Federal Communications Commission under the authority of title III of the Communications Act of 1934; and

(11)

the term ''telecommunication identifying information'' means electronic serial number or any other number or signal that identifies a specific telecommunications instrument or account, or a specific communication transmitted from a telecommunications instrument.

(f)

This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title. For purposes of this subsection, the term ''State'' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(g)

(1)

It is not a violation of subsection (a) (9) for an officer, employee, or agent of, or a person engaged in business with, a facilities-based carrier, to engage in conduct (other than trafficking) otherwise prohibited by that subsection for the purpose of protecting the property or legal rights of that carrier, unless such conduct is for the purpose of obtaining telecommunications service provided by another facilities-based carrier without the authorization of such carrier.

(2)

In a prosecution for a violation of subsection (a) (9), (other than a violation consisting of producing or trafficking) it is an affirmative defence (which the defendant must establish by a preponderance of the evidence) that the conduct charged was engaged in for research or development in connection with a lawful purpose.

(h)

Any person who, outside the jurisdiction of the United States, engages in any act that, if committed within the jurisdiction of the United States, would constitute an offence under subsection (a) or (b) of this section, shall be subject to the fines, penalties, imprisonment, and forfeiture provided in this title if -

(1)

the offence involves an access device issued, owned, managed, or controlled by a financial institution, account issuer, credit card system member, or other entity within the jurisdiction of the United States; and

(2)

the person transports, delivers, conveys, transfers to or through, or otherwise stores, secrets, or holds within the jurisdiction of the United States, any article used to assist in the commission of the offence or the proceeds of such offence or property derived there from

NOTHING

Sec. 1029. - Fraud and related activity in connection with access devices

(a)

Whoever -

(1)

knowingly and with intent to defraud produces, uses, or traffics in one or more counterfeit access devices;

(2)

(3)

knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices;

(4)

knowingly, and with intent to defraud, produces, traffics in, has control or custody of, or possesses device-making equipment;

(5)

(6)

without the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for the purpose of -

(A)

offering an access device; or

(B)

selling information regarding or an application to obtain an access device;

(7)

(8)

knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a scanning receiver;

(9)

(10)

shall, if the offence affects interstate or foreign commerce, be punished as provided in subsection (c) of this section.

(b)

(1)

Whoever attempts to commit an offence under subsection (a) of this section shall be subject to the same penalties as those prescribed for the offence attempted.

(2)

(1) Generally. -

The punishment for an offence under subsection (a) of this section is -

(A)

in the case of an offence that does not occur after a conviction for another offence under this section -

(i)

if the offence is under paragraph (1), (2), (3), (6), (7), or (10) of subsection (a), a fine under this title or imprisonment for not more than 10 years, or both; and

(ii)

if the offence is under paragraph (4), (5), (8), or (9), [1] of subsection (a), a fine under this title or imprisonment for not more than 15 years, or both;

(B)

in the case of an offence that occurs after a conviction for another offence under this section, a fine under this title or imprisonment for not more than 20 years, or both; and

(C)

in either case, forfeiture to the United States of any personal property used or intended to be used to commit the offence.

(2) Forfeiture procedure. -

(d)

(e)

As used in this section -

(1)

(2)

the term ''counterfeit access device'' means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device;

(3)

the term ''unauthorized access device'' means any access device that is lost, stolen, expired, revoked, cancelled, or obtained with intent to defraud;

(4)

the term ''produce'' includes design, alter, authenticate, duplicate, or assemble;

(5)

the term ''traffic'' means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of;

(6)

the term ''device-making equipment'' means any equipment, mechanism, or impression designed or primarily used for making an access device or a counterfeit access device;

(7)

(8)

(9)

the term ''telecommunications service'' has the meaning given such term in section 3 of title I of the Communications Act of 1934 (47 U.S.C. 153);

(10)

(11)

The term ''telecommunication identifying information'' means electronic serial number or any other number or signal that identifies a specific telecommunications instrument or account, or a specific communication transmitted from a telecommunications instrument.

(f)

(g)

(1)

(2)

(h)

(1)

(2)

6.Possession etc. of articles for use in frauds

(1) A person is guilty of an offence if he has in his possession or under his control, any article for use in the course of or in connection with any fraud.

(2) A person guilty of an offence under this section is liable—

(a) On summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) On conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both).

(3) Subsection (2)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.’

7 ‘Making or supplying articles for use in frauds

(1) A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article—

(a) Knowing that it is designed or adapted for use in the course of or in connection with fraud, or

(b) Intending it to be used to commit, or assist in the commission of, fraud.

(2) A person guilty of an offence under this section is liable—

(a) On summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) On conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

Subsection (2)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.’

‘"Article"

(1) For the purposes of—

(a) Sections 6 and 7, and

(b) The provisions listed in subsection (2), so far as they relate to articles for use in the course of or in connection with fraud,

"Article" includes any program or data held in electronic form.

(2) The provisions are—

(a) Section 1(7)(b) of the Police and Criminal Evidence Act 1984 (c. 60),

(b) Section 2(8)(b) of the Armed Forces Act 2001 (c. 19), and

(Meaning of "prohibited articles" for the purposes of stops and search powers).’

Sec. 1028. - Fraud and related activity in connection with identification documents and information

(a)

Whoever, in a circumstance described in subsection (c) of this section -

(1)

knowingly and without lawful authority produces an identification document or a false identification document;

(2)

knowingly transfers an identification document or a false identification document knowing that such document was stolen or produced without lawful authority;

(3)

knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor) or false identification documents;

(4)

knowingly possesses an identification document (other than one issued lawfully for the use of the possessor) or a false identification document, with the intent such document be used to defraud the United States;

(5)

knowingly produces, transfers, or possesses a document-making implement with the intent such document-making implement will be used in the production of a false identification document or another document-making implement which will be so used;

(6)

knowingly possesses an identification document that is or appears to be an identification document of the United States which is stolen or produced without lawful authority knowing that such document was stolen or produced without such authority; or

(7)

knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law;

shall be punished as provided in subsection (b) of this section.

(b)

The punishment for an offence under subsection (a) of this section is -

(1)

except as provided in paragraphs (3) and (4), a fine under this title or imprisonment for not more than 15 years, or both, if the offence is -

(A)

the production or transfer of an identification document or false identification document that is or appears to be -

(i)

an identification document issued by or under the authority of the United States; or

(ii)

a birth certificate, or a driver's license or personal identification card;

(B)

the production or transfer of more than five identification documents or false identification documents;

(C)

an offence under paragraph (5) of such subsection; or

(D)

an offence under paragraph (7) of such subsection that involves the transfer or use of 1 or more means of identification if, as a result of the offence, any individual committing the offence obtains anything of value aggregating $1,000 or more during any 1-year period;

(2)

except as provided in paragraphs (3) and (4), a fine under this title or imprisonment for not more than three years, or both, if the offence is -

(A)

any other production, transfer, or use of a means of identification, an identification document, or a false identification document; or

(B)

an offence under paragraph (3) or (7) of such subsection;

(3)

a fine under this title or imprisonment for not more than 20 years, or both, if the offence is committed -

(A)

to facilitate a drug trafficking crime (as defined in section 929(a)(2));

(B)

in connection with a crime of violence (as defined in section 924(c)(3)); or

(C)

after a prior conviction under this section becomes final;

(4)

a fine under this title or imprisonment for not more than 25 years, or both, if the offence is committed to facilitate an act of international terrorism (as defined in section 2331(1) of this title);

(5)

in the case of any offence under subsection (a), forfeiture to the United States of any personal property used or intended to be used to commit the offence; and

(6)

a fine under this title or imprisonment for not more than one year, or both, in any other case.

(c)

The circumstance referred to in subsection (a) of this section is that -

(1)

the identification document or false identification document is or appears to be issued by or under the authority of the United States or the document-making implement is designed or suited for making such an identification document or false identification document;

(2)

the offence is an offence under subsection (a)(4) of this section; or

(3)

either -

(A)

the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or

(B)

the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.

(d)

In this section -

(1)

the term ''document-making implement'' means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement;

(2)

the term ''identification document'' means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals;

(3)

the term ''false identification document'' means a document of a type intended or commonly accepted for the purposes of identification of individuals that -

(A)

is not issued by or under the authority of a governmental entity; and

(B)

appears to be issued by or under the authority of the United States Government, a State, a political subdivision of a State, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization;

(4)

the term ''means of identification'' means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any -

(A)

name, social security number, date of birth, official State or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number;

(B)

unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;

(C)

unique electronic identification number, address, or routing code; or

(D)

telecommunication identifying information or access device (as defined in section 1029(e));

(5)

the term ''personal identification card'' means an identification document issued by a State or local government solely for the purpose of identification;

(6)

the term ''produce'' includes alter, authenticate, or assemble;

(7)

the term ''transfer'' includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others; and

(8)

the term ''State'' includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States.

(e)

(f) Attempt and Conspiracy. -

Any person who attempts or conspires to commit any offence under this section shall be subject to the same penalties as those prescribed for the offence, the commission of which was the object of the attempt or conspiracy.

(g) Forfeiture Procedures. -

The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 (other than subsection (d) of that section) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853).

(h) Rule of Construction. -

For purpose of subsection (a) (7), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification.

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Sec. 1026. - Compromise, adjustment, or cancellation of farm indebtedness

Whoever knowingly makes any false statement for the purpose of influencing in any way the action of the Secretary of Agriculture, or of any person acting under his authority, in connection with any compromise, adjustment, or cancellation of any farm indebtedness as provided by sections 1150, 1150a, and 1150b of Title 12, shall be fined under this title or imprisoned not more than one year, or both

NOTHING

. 1025. - False pretences on high seas and other waters

Whoever, upon any waters or vessel within the special maritime and territorial jurisdiction of the United States, by any fraud, or false pretense, obtains from any person anything of value, or procures the execution and delivery of any instrument of writing or conveyance of real or personal property, or the signature of any person, as maker, endorser, or guarantor, to or upon any bond, bill, receipt, promissory note, draft, or check, or any other evidence of indebtedness, or fraudulently sells, barters, or disposes of any bond, bill, receipt, promissory note, draft, or check, or other evidence of indebtedness, for value, knowing the same to be worthless, or knowing the signature of the maker, endorser, or guarantor thereof to have been obtained by any false pretences, shall be fined under this title or imprisoned not more than five years, or both; but if the amount, value or the face value of anything so obtained does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both

2 ‘Fraud by false representation

(1) A person is in breach of this section if he—

(a) Dishonestly makes a false representation, and

(b) Intends, by making the representation—

(i) To make a gain for himself or another, or

(ii) To cause loss to another or to expose another to a risk of loss.

(2) A representation is false if—

(a) It is untrue or misleading, and

(b) The person making it knows that it is, or might be, untrue or misleading.

(3) "Representation" means any representation by words or conduct as to fact or law, including a representation as to the state of mind of—

(a) The person making the representation, or

Any other person.’

Sec. 1024. - Purchase or receipt of military, naval, or veteran's facilities property

Whoever purchases, or receives in pledge from any person any arms, equipment, ammunition, clothing, military stores, or other property furnished by the United States under a clothing allowance or otherwise, to any member of the Armed Forces of the United States or of the National Guard or Naval Militia, or to any person accompanying, serving, or retained with the land or naval forces and subject to military or naval law, or to any former member of such Armed Forces at or by any hospital, home, or facility maintained by the United States, having knowledge or reason to believe that the property has been taken from the possession of or furnished by the United States under such allowance, or otherwise, shall be fined under this title or imprisoned not more than two years, or both

NOTHING

Sec. 1023. - Insufficient delivery of money or property for military or naval service

Whoever, having charge, possession, custody, or control of any money or other public property used or to be used in the military or naval service, with intent to defraud the United States, or any agency thereof, or any corporation in which the United States has a proprietary interest, or intending to conceal such money or other property, delivers to any person having authority to receive the same any amount of such money or other property less than that for which he received a certificate or took a receipt, shall be fined under this title or imprisoned not more than ten years, or both

NOTHING

Sec. 1022. - Delivery of certificate, voucher, receipt for military or naval property

Whoever, being authorized to make or deliver any certificate, voucher, receipt, or other paper certifying the receipt of arms, ammunition, provisions, clothing, or other property used or to be used in the military or naval service, makes or delivers the same to any other person without a full knowledge of the truth of the facts stated therein and with intent to defraud the United States, or any agency thereof, shall be fined under this title or imprisoned not more than ten years, or both

NOTHING

Sec. 1021. - Title records

Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than five years, or both

3 ‘Fraud by failing to disclose information

A person is in breach of this section if he—

(a) Dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and

(b) Intends, by failing to disclose the information—

(i) To make a gain for himself or another, or

(ii) To cause loss to another or to expose another to a risk of loss.’

Sec. 1020. - Highway projects

Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the costs thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction of any highway or related project submitted for approval to the Secretary of Transportation; or

Whoever knowingly makes any false statement, false representation, false report, or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false representation as to a material fact in any statement, certificate, or report submitted pursuant to the provisions of the Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355), as amended and supplemented,

Shall be fined under this title or imprisoned not more than five years, or both

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Sec. 1019. - Certificates by consular officers

Whoever, being a consul, or vice consul, or other person employed in the consular service of the United States, knowingly certifies falsely to any invoice, or other paper, to which his certificate is authorized or required by law, shall be fined under this title or imprisoned not more than three years, or both

NOTHING

Sec. 1017. - Government seals wrongfully used and instruments wrongfully sealed

Whoever fraudulently or wrongfully affixes or impresses the seal of any department or agency of the United States, to or upon any certificate, instrument, commission, document, or paper or with knowledge of its fraudulent character, with wrongful or fraudulent intent, uses, buys, procures, sells, or transfers to another any such certificate, instrument, commission, document, or paper, to which or upon which said seal has been so fraudulently affixed or impressed, shall be fined under this title or imprisoned not more than five years, or both

NOTHING

Sec. 1016. - Acknowledgment of appearance or oath

Whoever, being an officer authorized to administer oaths or to take and certify acknowledgments, knowingly makes any false acknowledgment, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person with respect to any proposal, contract, bond, undertaking, or other matter submitted to, made with, or taken on behalf of the United States or any department or agency thereof, concerning which an oath or affirmation is required by law or lawful regulation, or with respect to the financial standing of any principal, surety, or other party to any such proposal, contract, bond, undertaking, or other instrument, shall be fined under this title or imprisoned not more than two years, or both

3 ‘Fraud by failing to disclose information

A person is in breach of this section if he—

(a) Dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and

(b) Intends, by failing to disclose the information—

(i) To make a gain for himself or another, or

(ii) To cause loss to another or to expose another to a risk of loss.’

Sec. 1015. - Naturalization, citizenship or alien registry

(a)

Whoever knowingly makes any false statement under oath, in any case, proceeding, or matter relating to, or under, or by virtue of any law of the United States relating to naturalization, citizenship, or registry of aliens; or

(b)

Whoever knowingly, with intent to avoid any duty or liability imposed or required by law, denies that he has been naturalized or admitted to be a citizen, after having been so naturalized or admitted; or

(c)

Whoever uses or attempts to use any certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship or other documentary evidence of naturalization or of citizenship, or any duplicate or copy thereof, knowing the same to have been procured by fraud or false evidence or without required appearance or hearing of the applicant in court or otherwise unlawfully obtained; or

(d)

Whoever knowingly makes any false certificate, acknowledgment or statement concerning the appearance before him or the taking of an oath or affirmation or the signature, attestation or execution by any person with respect to any application, declaration, petition, affidavit, deposition, certificate of naturalization, certificate of citizenship or other paper or writing required or authorized by the laws relating to immigration, naturalization, citizenship, or registry of aliens; or

(e)

Whoever knowingly makes any false statement or claim that he is, or at any time has been, a citizen or national of the United States, with the intent to obtain on behalf of himself, or any other person, any Federal or State benefit or service, or to engage unlawfully in employment in the United States; or

(f)

Whoever knowingly makes any false statement or claim that he is a citizen of the United States in order to register to vote or to vote in any Federal, State, or local election (including an initiative, recall, or referendum) -

Shall be fined under this title or imprisoned not more than five years, or both. Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States

NOTHING

Sec. 1014. - Loan and credit applications generally; renewals and discounts; crop insurance

Whoever knowingly makes any false statement or report, or wilfully overvalues any land, property or security, for the purpose of influencing in any way the action of the Farm Credit Administration, Federal Crop Insurance Corporation or a company the Corporation reinsures, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, any Farm Credit Bank, production credit association, agricultural credit association, bank for cooperatives, or any division, officer, or employee thereof, or of any regional agricultural credit corporation established pursuant to law, or a Federal land bank, a Federal land bank association, a Federal Reserve bank, a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662), or the Small Business Administration in connection with any provision of that Act, a Federal credit union, an insured State-chartered credit union, any institution the accounts of which are insured by the Federal Deposit Insurance Corporation, the Office of Thrift Supervision, any Federal home loan bank, the Federal Housing Finance Board, the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, the Farm Credit System Insurance Corporation, or the National Credit Union Administration Board, a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or an organization operating under section 25 or section 25(a) [1] of the Federal Reserve Act, upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, or loan, or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefore, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. The term ''State-chartered credit union'' includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.

3 ‘Fraud by failing to disclose information

A person is in breach of this section if he—

(a) Dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and

(b) Intends, by failing to disclose the information—

(i) To make a gain for himself or another, or

(ii) To cause loss to another or to expose another to a risk of loss.’

Sec. 1013. - Farm loan bonds and credit bank debentures

Whoever deceives, defrauds, or imposes upon, or attempts to deceive, defraud, or impose upon any person, partnership, corporation, or association by making any false pretense or representation concerning the character, issue, security, contents, conditions, or terms of any farm loan bond, or coupon, issued by any Federal land bank or banks; or of any debenture, coupon, or other obligation, issued by any Federal intermediate credit bank or banks; or by falsely pretending or representing that any farm loan bond, or coupon, is anything other than, or different from, what it purports to be on the face of said bond or coupon, shall be fined under this title or imprisoned not more than one year, or both

NOTHING

Sec. 1012. - Department of Housing and Urban Development transactions

Whoever, with intent to defraud, makes any false entry in any book of the Department of Housing and Urban Development or makes any false report or statement to or for such Department; or

Whoever receives any compensation, rebate, or reward, with intent to defraud such Department or with intent unlawfully to defeat its purposes; or

Whoever induces or influences such Department to purchase or acquire any property or to enter into any contract and wilfully fails to disclose any interest which he has in such property or in the property to which such contract relates, or any special benefit which he expects to receive as a result of such contract -

Shall be fined under this title or imprisoned not more than one year, or both

NOTHING

Sec. 1011. - Federal land bank mortgage transactions

Whoever, being a mortgagee, knowingly makes any false statement in any paper, proposal, or letter, relating to the sale of any mortgage, to any Federal land bank; or

Whoever, being an appraiser, wilfully over-values any land securing such mortgage -

Shall be fined under this title or imprisoned not more than one year, or both

NOTHING

Sec. 1010. - Department of Housing and Urban Development and Federal Housing Administration transactions

Whoever, for the purpose of obtaining any loan or advance of credit from any person, partnership, association, or corporation with the intent that such loan or advance of credit shall be offered to or accepted by the Department of Housing and Urban Development for insurance, or for the purpose of obtaining any extension or renewal of any loan, advance of credit, or mortgage insured by such Department, or the acceptance, release, or substitution of any security on such a loan, advance of credit, or for the purpose of influencing in any way the action of such Department, makes, passes, utters, or publishes any statement, knowing the same to be false, or alters, forges, or counterfeits any instrument, paper, or document, or utters, publishes, or passes as true any instrument, paper, or document, knowing it to have been altered, forged, or counterfeited, or wilfully overvalues any security, asset, or income, shall be fined under this title or imprisoned not more than two years, or both

NOTHING

Sec. 1007. - Federal Deposit Insurance Corporation transactions

Whoever, for the purpose of influencing in any way the action of the Federal Deposit Insurance Corporation, knowingly makes or invites reliance on a false, forged, or counterfeit statement, document, or thing shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both

NOTHING

Sec. 1006. - Federal credit institution entries, reports and transactions

Whoever, being an officer, agent or employee of or connected in any capacity with the Federal Deposit Insurance Corporation, National Credit Union Administration, Office of Thrift Supervision, any Federal home loan bank, the Federal Housing Finance Board, the Resolution Trust Corporation, Farm Credit Administration, Department of Housing and Urban Development, Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, or the Farm Credit System Insurance Corporation, a Farm Credit Bank, a bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States or any institution, other than an insured bank (as defined in section 656), the accounts of which are insured by the Federal Deposit Insurance Corporation, or by the National Credit Union Administration Board or any small business investment company, with intent to defraud any such institution or any other company, body politic or corporate, or any individual, or to deceive any officer, auditor, examiner or agent of any such institution or of department or agency of the United States, makes any false entry in any book, report or statement of or to any such institution, or without being duly authorized, draws any order or bill of exchange, makes any acceptance, or issues, puts forth or assigns any note, debenture, bond or other obligation, or draft, bill of exchange, mortgage, judgment, or decree, or, with intent to defraud the United States or any agency thereof, or any corporation, institution, or association referred to in this section, participates or shares in or receives directly or indirectly any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such corporation, institution, or association, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both

NOTHING

Sec. 1005. - Bank entries, reports and transactions

Whoever, being an officer, director, agent or employee of any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) [1] of the Federal Reserve Act,, (FOOTNOTE 2) without authority from the directors of such bank, branch, agency, or organization or company, issues or puts in circulation any notes of such bank, branch, agency, or organization or company; or [2] So in original.

Whoever, without such authority, makes, draws, issues, puts forth, or assigns any certificate of deposit, draft, order, bill of exchange, acceptance, note, debenture, bond, or other obligation, or mortgage, judgment or decree; or

Whoever makes any false entry in any book, report, or statement of such bank, company, branch, agency, or organization with intent to injure or defraud such bank, company, branch, agency, or organization, or any other company, body politic or corporate, or any individual person, or to deceive any officer of such bank, company, branch, agency, or organization, or the Comptroller of the Currency, or the Federal Deposit Insurance Corporation, or any agent or examiner appointed to examine the affairs of such bank, company, branch, agency, or organization, or the Board of Governors of the Federal Reserve System; [3] ''or''.

Whoever with intent to defraud the United States or any agency thereof, or any financial institution referred to in this section, participates or shares in or receives (directly or indirectly) any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such financial institution - Shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

As used in this section, the term ''national bank'' is synonymous with ''national banking association''; ''member bank'' means and includes any national bank, state bank, or bank or trust company, which has become a member of one of the Federal Reserve banks; ''insured bank'' includes any state bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation; and the term ''branch or agency of a foreign bank'' means a branch or agency described in section 20(9) of this title. For purposes of this section, the term ''depository institution holding company'' has the meaning given such term in section 3(w)(1) of the Federal Deposit Insurance Act

NOTHING

Sec. 1004. - Certification of cheques

Whoever, being an officer, director, agent, or employee of any Federal Reserve bank, member bank of the Federal Reserve System, insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act), branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or organization operating under section 25 or section 25(a) [1] of the Federal Reserve Act, certifies a cheque before the amount thereof has been regularly deposited in the bank, branch, agency, or organization, by the drawer thereof, or resorts to any device, or receives any fictitious obligation, directly or collaterally, in order to evade any of the provisions of law relating to certification of cheques, shall be fined under this title or imprisoned not more than five years, or both.

NOTHING

Sec. 1003. - Demands against the United States

Whoever knowingly and fraudulently demands or endeavours to obtain any share or sum in the public stocks of the United States, or to have any part thereof transferred, assigned, sold, or conveyed, or to have any annuity, dividend, pension, wages, gratuity, or other debt due from the United States, or any part thereof, received, or paid by virtue of any false, forged, or counterfeited power of attorney, authority, or instrument, shall be fined under this title or imprisoned not more than five years, or both; but if the sum or value so obtained or attempted to be obtained does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both

NOTHING

Sec. 1002. - Possession of false papers to defraud United States

Whoever, knowingly and with intent to defraud the United States, or any agency thereof, possesses any false, altered, forged, or counterfeited writing or document for the purpose of enabling another to obtain from the United States, or from any agency, officer or agent thereof, any sum of money, shall be fined under this title or imprisoned not more than five years, or both

NOTHING

Sec. 1001. - Statements or entries generally

(a)

Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and wilfully -

(1)

falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2)

makes any materially false, fictitious, or fraudulent statement or representation; or

(3)

makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

shall be fined under this title or imprisoned not more than 5 years, or both.

(b)

Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.

(c)

With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to -

(1)

administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or

(2)

any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate

‘Fraud is defined as representation, non-disclosure of information and abuse of position’.

(1) A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offence).

(2) The sections are—

(a) Section 2 (fraud by false representation),

(b) Section 3 (fraud by failing to disclose information), and

(3) A person who is guilty of fraud is liable—

(a) On summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) On conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

Subsection (3)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.

Section 5 Gain or loss

5 "Gain" and "loss"

(1) The references to gain and loss in sections 2 to 4 are to be read in accordance with this section.

(2) "Gain" and "loss"—

(a) Extend only to gain or loss in money or other property;

(b) Include any such gain or loss whether temporary or permanent;

In addition, "property" means any property whether real or personal (including things in action and other intangible property).

(3) "Gain" includes a gain by keeping what one has, as well as a gain by getting what one does not have.

(4) "Loss" includes a loss by not getting what one might get, as well as a loss by parting with what one has.

9 ‘Participating in fraudulent business carried on by sole trader etc.

(1) A person is guilty of an offence if he is knowingly a party to the carrying on

of a business to which this section applies.

(2) This section applies to a business, which is carried on—

(a) By a person who is outside the reach of section 458 of the Companies

Act 1985 (c. 6) or Article 451 of the Companies (Northern Ireland)

Order 1986 (S.I. 1986/1032) (N.I. 6)) (offence of fraudulent trading), and

(b) With intent to defraud creditors of any person or for any other fraudulent

purpose.

(3) The following are within the reach of section 458 of the 1985 Act—

(a) A company (within the meaning of that Act);

(b) A person to whom that section applies (with or without adaptations

or modifications) as if the person were a company;

(4) The following are within the reach of Article 451 of the 1986 Order—

(a) A company (within the meaning of that Order);

(b) A person to whom that Article applies (with or without adaptations

or modifications) as if the person were a company;

(5) "Fraudulent purpose" has the same meaning as in section 458 of the 1985 Act or

Article 451 of the 1986 Order.

(6) A person guilty of an offence under this section is liable—

(a) On summary conviction, to imprisonment for a term not exceeding 12 months

or to a fine not exceeding the statutory maximum (or to both);

On conviction on indictment, to imprisonment for a term not exceeding 10 years
or to a fine (or to both).

Subsection (6)(a) applies in relation to Northern Ireland as if the reference to
12 months were a reference to 6 months.’

10 ‘Participating in fraudulent business carried on by company etc.: penalty

(1) In Schedule 24 to the Companies Act 1985 (c. 6) (punishment of offences), in column 4 of the entry relating to section 458 of that Act, for "7 years" substitute "10 years".

(2) In Schedule 23 to the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032) (N.I. 6)) (punishment of offences), in column 4 of the entry relating to Article 451 of that Order, for "7 years" substitute "10 years".’

10 ‘Participating in fraudulent business carried on by company etc.: penalty

(1) In Schedule 24 to the Companies Act 1985 (c. 6) (punishment of offences), in column 4 of the entry relating to section 458 of that Act, for "7 years" substitute "10 years".

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